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JOINT CIRCULAR

Guiding a number of Provisions on construction inspection

Pursuant to the November 26, 2003 Construction Law;

Pursuant to the June 15, 2004 Inspection Law;

Pursuant to the Government's Decree No. 46/2005/ND-CP of April 6, 2005, defining the organization and operation of the Construction Inspectorate;

The Ministry of Construction and the Government Inspectorate hereby jointly guide the inspection of construction investment projects; inspection of the construction of works under construction plannings; sanctioning of administrative violations; and reports and conclusions of the specialized construction inspectorate as follows:

I. Subjects of application

1. Inspection agencies, inspection teams and inspectors, when conducting inspection of construction investment projects or the construction of works under construction plannings, must abide by the provisions of law on construction, inspection and this Circular.

2. Agencies, organizations and individuals being inspection subjects and concerned agencies, organizations and individuals, when participating in construction investment projects or in the construction of works under construction plannings, shall have to comply with the provisions of this Circular and other provisions of law.

II. Contents of inspection of construction investment projects

The inspection objectives and requirements shall serve as a basis for deciding on thorough inspection of construction investment projects, inspection of some specific aspects of construction investment, or specialized inspection. The inspection of construction investment projects covers the following principal contents:

1. Inspection of the formulation, evaluation and approval of investment projects; construction surveys and designs of works

a/ For inspection of construction investment projects, it is necessary to consider, assess and conclude on the compatibility of the projects with general socio-economic development plannings, branch development plannings and construction plannings already approved by competent authorities. If such plannings are not yet available, to examine the written agreements of authorities having competence to approve such plannings. To check the competence to evaluate basic designs, the competence to evaluate investment projects and the competence to approve investment projects; to check the capacity of project-formulating organizations and managers. If the projects have been adjusted, to examine procedures and conditions for these adjustments.

b/ For inspection of construction surveys, it is necessary to consider, assess and conclude on the order of formulation and approval of survey tasks, survey plans, contents of reports on survey results, tests of survey results, capacity of surveying organizations, and capacity of survey managers. In cases where new survey tasks have been added, it is necessary to look over regulations on conditions for the addition of such survey tasks.

c/ For inspection of construction designs, in case of three-step design, it is necessary to consider and assess the conformity of technical designs with basic designs already evaluated by competent authorities and of construction drawing designs with technical designs already evaluated by competent authorities. In cases of two-step design, to inspect the conformity of construction drawing designs with basic designs already evaluated by competent authorities.

To check the application of construction standards to construction designs; the application of econo-technical norms and unit prices in the elaboration of total cost estimates or cost estimates. To consider and assess the capacity of designing organizations, design managers and chief designers to see if they are appropriate to the grade of works.

To examine design dossiers, the process of examining design dossiers, the number and scales of drawings, and other regulations for design dossiers. Where there is any change in designs, total cost estimates or cost estimates already approved, it is necessary to examine procedures and conditions for these changes.

2. Inspection of the selection of construction contractors

In the course of inspection and examination of the observance of law on selection of contractors, its is necessary to consider and assess the procedures, forms and dossiers of invitation for bids, and results of selection of contractors; to inspect the selection of sub-contractors by principal contractors or general contractors, the assignment of tasks to sub-contractors, contracts between investors and principal contractors or general contractors, and between principal contractors or general contractors with sub-contractors.

Where principal contractors or general contractors directly sign contracts with investors, then assign each contracted work item to sub-contractors, to look over contracts signed between principal contractors or general contractors and sub-contractors and examine the performance of such contracts.

3. Inspection of the selection of forms of project management by investors

In the course of inspection of the application of project management forms by investors, it is necessary to consider and assess the conditions of investors for the selected forms of project management, the conditions on the capacity of project management boards set up by investors or capacity of project management consultancy organizations hired by investors.

4. Inspection of the construction of works

In the course of inspection of the construction of works, it is necessary to consider and assess the responsibilities of investors and construction contractors, specifically as follows:

a/ For investors, in the course of inspection, it is necessary to consider and assess the execution of project components already evaluated and approved by competent authorities; conditions for commencement of the construction of works; investors' quality management systems; capacity of construction supervisors, even if investors hire supervision consultants; organization of take-over tests and commission of works; management of construction progress, expenses and payments to contractors according to signed contracts, and the observance of other provisions of law on construction investment. In case of ground clearance, it is necessary to check the publicization of conditions for, unit prices of, and subjects eligible for, compensation, and other issues related to ground clearance.

b/ For construction contractors, it is necessary to consider and assess the construction of works against the approved designs; observance of standards in the construction process; application of safety and environmental protection measures in construction. To check the capacity conditions of construction site chief commanders; contractors' capacity in terms of machinery and personnel as compared to those stated in bidding dossiers; contractors' quality control systems; and capacity conditions of construction supervisors. To inspect the observance of order and procedures for take-over tests of work items, construction phases as well as for commission of works. To consider and assess the quality of work construction; project execution progress as compared with the inspection results and contracts signed between investors and contractors; and the implementation of other provisions of law related to the work construction.

When conducting field inspection of construction works, if there are grounds to believe that construction works are of poor quality, inspection teams shall propose persons who have issued inspection decisions to request qualified consultancy and appraisal units that have the legal person status to conduct inspection and appraisal of works so as to assess their quality.

c/ For consultancy contractors who conduct appraisal and evaluation of construction investment projects, construction surveys, construction designs or appraisal experiments, to inspect the capacity of agencies, organizations and individuals directly performing these tasks and the application of procedures and standards in their performance; and to evaluate the performance of contracts signed with investors.

III. Contents of inspection of the construction of woks according to construction planning

1. Inspection of the observance of law on construction planning

a/ For inspection of construction plannings, it is necessary to check the conformity of detailed construction plannings with general construction plannings; the conformity of 1/500 construction plannings with 1/2,000 plannings; to examine the capacity of construction planning organizations and the capacity of managers of construction planning blueprints and persons in charge of specialized issues of these blueprints; and to check the competence to evaluate and approve construction planning blueprints.

b/ When inspecting the execution of construction plannings after they are approved by competent authorities, it is necessary to consider and assess the execution of planning contents; competent authorities' responsibilities to place boundary marker posts on construction sites under the approved construction plannings according to the provisions of construction law, and the responsibility and competence to publicize construction plannings and the provisions of law on publicization of construction plannings.

2. Inspection of the construction of works according to construction plannings

The inspection of the construction of works according to construction plannings must be based on the provisions of law on construction planning and construction planning maps already approved by competent authorities in order to assess the conformity of works with these plannings as well as the implementation of these plannings. Inspection of construction of works according to construction plannings already approved by competent authorities covers:

a/ Inspection and examination of construction of works according to construction plannings already approved by competent authorities.

b/ Inspection and examination of construction of works according to construction permits granted by competent authorities and conditions established by law on the grant of construction permits for such works.

c/ Inspection and examination of observance of regulations on architectural plannings and other provisions of law on construction in the construction of works.

IV. Reporting of inspection results and inspection conclusions

1. Reporting of inspection results

The reporting of construction inspection results shall comply with the provisions of Article 42 of the Government's Decree No. 41/2005/ND-CP of March 25, 2005, detailing and guiding the implementation of a number of articles of the Inspection Law, and must ensure the following requirements:

a/ Specifying law-breaking acts (if any) committed by agencies, organizations and individuals related to inspection subject matters, articles and clauses of legal documents which are violated.

b/ Clearly defining the responsibilities of heads of agencies, organizations and units for the occurrence of law-breaking acts; responsibilities of individuals and other persons related to the violation. If detecting any economic damage, it is necessary to conclude on responsibilities of related individuals to make compensation according to the provisions of law.

c/ If finding out agencies, organizations or individuals that have recorded achievements in the implementation of the provisions of law on construction, commending their achievements and proposing competent authorities to reward them according the provisions of law.

2. Inspection conclusions

The conclusions of the specialized construction inspectorate shall comply with the provisions of Article 43 of the Inspection Law; Article 35 of the Government's Decree No. 41/2005/ND-CP of March 25, 2005, detailing and guiding the implementation of the Inspection Law and must satisfy the following requirements:

a/ Containing an assessment of the implementation of policies, law and the performance of tasks by inspected agencies, organizations and individuals.

b/ Giving clear conclusions on inspection subject matters; clearly specifying the nature and seriousness of violations, causes and responsibilities of violating agencies, organizations and/or individuals.

c/ Where construction inspectors detect that property damage has been caused, violating agencies, organizations and individuals shall be requested to remedy consequences and make compensation for damage caused by their violations according to the provisions of construction law and other relevant law.

d/ For law-breaking violations which are not serious enough for examination of penal liability, it is necessary to state the seriousness of violations so that violators will be handled according to the provisions of administrative, civil and economic laws or other provisions of law.

e/ For violations showing criminal signs according the provisions of criminal law, to propose the persons who have issued inspection decisions to transfer the cases to competent investigation agencies according the provisions of law on inspection.

V. Sanctioning of administrative violations

1. In the course of inspection, heads of inspection teams and inspectors may sanction administrative violations or propose competent authorities to sanction such violations according to the provisions of law on sanctioning of administrative violations in relevant branches or domains.

2. The Construction Ministry's Chief Inspector is competent to sanction administrative violations under the provisions of Clause 6, Article 11; chief inspectors of provincial/municipal Construction Services are competent to sanction administrative violations under the provisions of Clause 6, Article 13; construction inspectors are competent to sanction administrative violations under the provisions of Point b, Clause 3, Article 14 of the Government's Decree No. 46/2005/ND-CP of April 6, 2005, on the organization and operation of construction inspection, for violations specified in the Government's Decree No. 126/2004/ND-CP of May 26, 2004, on the sanctioning of administrative violations in construction, management of urban infrastructure works and house management and use.

VI. Settlement of complaints and denunciations on inspection

1. Complaints lodged by inspected subjects about handling decisions or acts of heads of construction inspection teams, construction inspectors or other members of inspection teams shall be settled under the provisions of Article 49 of the Government's Decree No. 41/2005/ND-CP of March 25, 2005, detailing and guiding the implementation of a number of articles of the Inspection Law and other provisions of law on complaints and denunciations.

2. Denunciations against law-breaking acts committed by heads of construction inspection teams, construction inspectors or other members of inspection teams shall be settled according to the provisions of Article 50 of the Government's Decree No. 41/2005/ND-CP of March 25, 2005, detailing and guiding the implementation of a number of articles of the Inspection Law and other provisions of law on complaints and denunciations.

VII. Organization of implementation

This Circular takes effect 15 days after its publication in "CONG BAO." Ministers, heads of ministerial-level agencies and Government-attached agencies, and presidents of provincial/municipal People's Committees shall have to implement this Circular.

Any problems arising in the course of implementation should be reported to the Minister of Construction and the Inspector General for timely handling.